K. UNNIKRISHNAN Vs. SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, THE SECRETARY MAMBAD GRAMA PANCHAYAT AND THE SUB INSPECTOR OF POLICE NILAMBUR POLICE STATION

JUDGEMENT

(1.) THE petitioner claims to be the owner in possession of 16 acres of land in Survey No.1 of Pullippadam (Mambad) Village in Malappuram District. According to the petitioner, there is no road or pathway through the petitioner's property and the second respondent Panchayat encroached upon his property and constructed a concrete road of about 7 metres starting from the western portion of the property. A scanning of the contentions would reveal that the construction was already over. The contention of the petitioner is that the action on the part of the respondents is nothing but illegal and therefore, the respondents are bound to remove the said construction. It is the further contention of the petitioner that the said action on the part of the respondents is violative of Article 300A of the Constitution of India. It is in the aforesaid circumstances that the petitioner has filed this writ petition seeking issuance of a writ of mandamus commanding the second respondent Secretary of the Grama Panchayat to demolish the illegal construction made by the Panchayat without the consent of the petitioner and for consequential reliefs.

(2.) I have heard the learned counsel for the petitioner and also the learned Government Pleader.